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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Benefit cap in UC being applied by formula. Grace period exemptions not being considered

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Just a heads up that we have identified that the benefit cap in UC is being applied in isolation each assessment period.

The benefit cap applied to legacy benefits is administered by a team in Belfast who notify LA HB departments when a cap needs to start & stop.

Because UC is applying the cap itself and is seemingly determined by algorithm each month, no consideration is being given to grace period exemptions.

Just something to be on the lookout for…

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Adding to this just in case it is useful for anybody searching in the future.

UC are currently stating that the grace period exemption must be identified and raised by the claimant themselves.
The case manager then generates a ‘Confirm previous earnings from work’ To-Do action on the UC account.
However, To-Do action will not be generated until the assessment period is already over (!)
Claimant must then supply evidence (in this case, 12 months of ex-partner’s wageslips)

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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tbidmead - 16 December 2019 01:52 PM

UC are currently stating that the grace period exemption must be identified and raised by the claimant themselves.

What a ridiculous suggestion - that would imply that all benefit claimants have a full and complete understanding of their entitlement! Can’t imagine there is any basis in legislation for such a statement.

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Total Posts: 456

Joined: 7 January 2013

Ianb - 16 December 2019 04:09 PM
tbidmead - 16 December 2019 01:52 PM

UC are currently stating that the grace period exemption must be identified and raised by the claimant themselves.

What a ridiculous suggestion - that would imply that all benefit claimants have a full and complete understanding of their entitlement! Can’t imagine there is any basis in legislation for such a statement.

Absolutely. It’s particularly frustrating that the legacy benefit system did generate and apply these exemptions without having to ask for any of this information/evidence.

I’m guessing here but presumably the Belfast team who applied and notified LAs of households to cap identified exempt households using HMRC records? So despite this being technologically possible 6 yrs ago and DWP updating guidance earlier this year confirming the duty to trace information, the UC system has taken a backwards step.